beta
(영문) 서울중앙지방법원 2013.11.28 2013고단5864

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to ten months of imprisonment for fraud in the Goyang Branch of the District Court on April 14, 2005 and paroled on August 12, 2005 for the same year.

9.6. The remaining term of punishment has expired.

【Criminal Facts】

On March 28, 2007, at the D hotel coffee shop located in Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant offered the victim E with a site for conducting multi-family housing business in the G site in Ulsan-gun, Ulsan-do. On the other hand, the Defendant made a false statement to the effect that “The principal will be returned after three months even if it is well known.” In order to take over the above business at H (H) as a representative within the inside, if the acquisition cost is lent 100 million won, the Defendant will start the business within three months and pay 150 million won, and if profits are incurred after the completion of the business, 20% of the profits will be added.”

However, in fact, the amount of KRW 2.3 billion was required for the defendant to take over the above multi-family housing business, and it was necessary to demand a school substitution site in the business site to move to another school site, etc., but the above fact was not notified to the victim. In addition, H (ju) operated by the defendant was in a situation where 1.2 million won per month was smuggling, and the employee's salary was not paid at the time, and there was no intention or ability to repay it within the agreed period, even if he borrowed money from the victim under the pretext of the loan.

Nevertheless, the defendant, who belongs to the defendant, is 80 million won through the national bank account in the name of the defendant on the same day from the victim, and the same year.

4. 13. The same account: 15 million won and the same year.

5. 3. A million won in the same account and the same month;

4. 2.5 million won in the same account and the same month.

7. It has been remitted one million won to the same account as a borrowed money, respectively;

Accordingly, the defendant received a total of 10 million won by deceiving the victim and acquired it by fraud.

Summary of Evidence

1. The defendant's legal statement; 1.1.